[Federal Register Volume 66, Number 164 (Thursday, August 23, 2001)]
[Rules and Regulations]
[Pages 44303-44304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21196]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MO 0133-1133a; FRL-7041-8]


Approval and Promulgation of Implementation Plans; State of 
Missouri; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendments.

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SUMMARY: On March 23, 2001 (66 FR 16137), EPA published a final action 
approving revisions to the Missouri State Implementation Plan (SIP). In 
the March 23, 2001, rule, EPA inadvertently omitted a statement in the 
Explanation column for rule 10 CSR 10-6.065. We are making a correction 
to the explanation in this document.

DATES: This action is effective August 23, 2001.

FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION: EPA published a SIP revision for Missouri 
that included a revision to rule 10 CSR 10-6.065 on March 23, 2001. In 
Sec. 52.1320(c), Chapter 6, the Explanation column for this rule should 
have included a statement that Section (6), Part 70 Operating Permits, 
has been approved as an integral part of the operating permit program 
and has not been approved as part of the SIP. Therefore, in this 
correction notice we are adding this information to the table for 
Chapter 6.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedures are impracticable, unnecessary, or 
contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. We have 
determined that there is such good cause for making today's rule final 
without prior proposal and opportunity for comment because we are 
merely reinserting an explanation which was included in a previous 
action. Thus, notice and public procedure are unnecessary.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule merely corrects an incorrect citation in a previous action, 
it does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4). For the same reason, this rule also does 
not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998). This rule will not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely corrects a citation in a 
state rule implementing a Federal standard, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act (CAA). This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant.
    In reviewing SIP submissions, our role is to approve state choices, 
provided that they meet the criteria of the CAA. In this context, in 
the absence of a prior existing requirement for the state to use 
voluntary consensus standards (VCS), we have no authority to disapprove 
a SIP submission for failure to use VCS. It would thus be inconsistent 
with applicable law for EPA, when it reviews a SIP submission, to use 
VCS in place of a SIP submission that otherwise satisfies the 
provisions of the CAA. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this rule, we have taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the Executive Order. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. As stated 
previously, we made such a good cause finding, including the reasons 
therefore and established an effective date of August 23, 2001. We will 
submit a report containing this rule and other required information to 
the United States Senate, the United States House of Representatives, 
and the Comptroller General of the United States prior to publication 
of the rule in the Federal Register. This correction to the Missouri 
SIP table is not a ``major rule'' as defined by 5 U.S.C. 804 et seq 
(2).


[[Page 44304]]


    Dated: August 10, 2001.
William W. Rice,
Acting Regional Administrator, Region 7.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart AA--Missouri

    2. In Sec. 52.1320(c) the table is amended under Chapter 6 by 
revising the entry for rule ``10-6.065'' to read as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Missouri Regulations
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                                                   State
  Missouri citation             Title            effective      EPA approval date            Explanation
                                                    date
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                                    Missouri Department of Natural Resources
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*                  *                  *                  *                  *                  *
                                                        *
     Chapter 6--Air Quality Standards, Definitions,Sampling and Reference Methods, and Air PollutionControl
                                      Regulations for the State of Missouri
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*                  *                  *                  *                  *                  *
                                                        *
10-6.065.............  Operating Permits......      5/30/00  3/23/01, 66 FR 16139..  The state rule has sections
                                                                                      (4)(A), (4)(B), and (4)(H)-
                                                                                      Basic State Operating
                                                                                      Permits. EPA has not
                                                                                      approved those sections.
                                                                                      Section (6), Part 70
                                                                                      Operating Permits, has
                                                                                      been approved as an
                                                                                      integral part of the
                                                                                      operating permit program
                                                                                      and has not been approved
                                                                                      as part of the SIP.
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 01-21196 Filed 8-22-01; 8:45 am]
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